Pas Palter

From Halachipedia
  1. The Mishnah in Avodah Zarah[1] states the Rabbinic decree that prohibits purchasing bread from a non-Jew, and in fact if one has done so it is forbidden to eat that food. The reason behind this decree is because "breaking bread" creates camaraderie and familiarity between two parties.[2] If the relationship between the Jew and the non-Jew eventually progresses Chazal were concerned that this may end up in an eventual intermarriage and assimilation.[3]
  1. The buyer should be aware that this decree has nothing to do with the ingredients of which the bread is comprised of. Assuming that all ingredients are kosher[4] one would still be prohibited from buying non-Jewish bread. Although the suspicion of intermarriage may seem a bit far fetched it should be noted that we place considerable stringency on this decree[5] as history has sadly proven that a small breach of separation between Jews and other nations has actually led to such unfortunate results.
  2. As is with all Rabbinic decrees, once the gzaira is made, even if the reason behind it is no longer applicable the actual decree still remains intact.[6] Therefore:
    1. although the term used in the Mishnah prohibits bread purchased from "ovdai kochavim" which literally translates to "worshipers of the stars" one would still not be allowed to buy bread products from Muslims[7] (who do not have the status of idol worshipers)
    2. bread from any non-Jew would be prohibited regardless of their belief in any foreign image
    3. one may not buy bread products from a priest or nun, both whom are assumed to not have any children
    4. even if the non-Jew baking the bread is childless one would still not be allowed to purchase his products

Bread from a non-observant baker

  1. Assuming that the ingredients are all kosher one would technically be allowed to buy their bread[8] as although their religious observance may be lacking this does not mean that one may not marry their children who may be of fine repute. Although there are many who hold that one should actually refrain from buying such bread products, all hold that if the baker in question is a "tinuk sh'nishba"[9] (uninformed as opposed to an advertent sinner) then one need not be concerned about this issur.

Types of bread products

  1. Included in this prohibition are any bread product that
    1. consists of chamishes minai dagan[10] [the five grains 1)wheat 2)barley 3)rye 4)spelt 5)oat]
    2. one may be kove'ah seudah on when consuming large amounts. This includes pretzels, bagels, croissants, crackers, danishes, pies and bread sticks. Pasta would therefore not be included in this prohibition.
  2. The Yerushalmi writes that since this decree was too difficult to instill, many people were not able to properly adhere to this g'zaira and therefore it was not universally accepted.[11] The reason behind this is because unlike other gzaira's on certain foods (the milking process must be viewed by a Jew,[12] certain cooked foods may not be purchased from a non-Jew,[13] drinking wine that was poured by a non-Jew), this decree was too difficult to keep in due to bread being the main source of sustenance for everybody's diet.[14]

If Pat Yisrael is available

  1. ' In that situation it depends on who is dealing with the question. If it is an Ashkanazi then one may rely on the Rema[15] who permits non-Jewish bread to be purchased even when there is no pressing need (there are many Jewish bakeries around). The Sephardim however, go with the Shulchan Aruch[16] who states that if a Jewish bakery is nearby then one should not rely on the leniency of Pas Paltur. Therefore if one,
    1. is in a place where there are no Jewish bakeries
    2. is not able to buy from a Jewish bakery because of diet restrictions[17]
    3. finds the product to be of inferior taste then the local Jewish bakery
    4. has children that need a particular cereal/snack etc. and one is not available from a Jewish bakery[18] he would be allowed to eat Pas Paltur bread products.

How would one circumvent all Pat Paltur issues

  1. In a situation where either the Yisroel
    1. turned on the flame[19]
    2. didn't turn on the flame but did place the bread in the oven
    3. raised the temperature[20]

then one can assume that for all practical purposes this bread product is Pas Yisroel. This allows for many manufactured products to be Pas Yisroel even without a full time mashgiach.

During Aseret Yemei Teshuva

  1. Even if one is lenient with Pas Paltur a whole year long there is a halacha that one should try to be stringent and only eat Pas Yisroel from Rosh Hashana through Yom Kippur.[21] By enacting a stringency upon ourselves one is constantly reminded that these are days of awe and reverence. Additionally, by going above and beyond the law one is expressing the idea that since we are not being so exacting in keeping the halachos G-d should not be so exacting in dealing with our sins as well. One should try to avoid all Pas Paltur (i.e. Cheerios, Stella Dora cookies, Dunkin Donuts etc. during these days).
  2. If one finds himself buying from a kosher street vendor (baseball game etc.) a simple inquiry about the specific company of the product (i.e. hot pretzel) would allow one to see the Pas Yisroel status of that particular item as it is usually written on the box if it is Pas Yisroel</ref> The Poskim mention that one should avoid Pas Paltur on Shabbos as well.[22]

Sources

  1. 35b
  2. Note how the first step to creating any sort of kiruv or even business relationship is usually accomplished through “doing lunch” as eating together has a tremendous ability to bring people close to each other
  3. Y.D. 112:1
  4. One should not assume that this is the case merely because bread is “simply made of flour and water”, as there are tens of ingredients that could render a bread product not kosher including oils, shortening, preservatives etc.
  5. Darchai Teshuva 112:1
  6. See Rambam Hilchos Mamarim who brings down the concept of having to have a Bais Din of the same number and stature in order to reverse any decree that was enacted
  7. Rav Pe'alim Y.D. 3:10
  8. Pischai Teshuva 112:1
  9. See Chazon Ish who claims that almost all secular Jews nowadays fall under this category
  10. See Taz 112:2 who claims that it is specifically these bread products that brings people together
  11. See Ran Avodah Zarah 36a, Chelkas Binyomin 112:14
  12. S.A. Y.D. 115
  13. S.A. Y.D. 113
  14. Bread is known as “Chayai Nefesh”-life of the soul
  15. Toras Chatas 75:1
  16. 112:2
  17. This is very relevant for diabetics who have tot watch their sugar intake as well as who can only eat eat gluten free products
  18. This is not so relevant nowadays where many “heimeshe” products that taste almost exactly the same as their non-Jewish counterparts are readily available for the kosher consumer. This is especially true for cereals such as cheerios, rice krispies and cocoa puffs, all of which come in pas yisroel versions.
  19. S.A. 112:9
  20. See S.A. Ibid. who mentions adding one piece of wood is sufficient to be considered “lighting” the fire. It is for this reason that R' Moshe Heinamen shlita permits a non Jewish bakery to employ the use of a light bulb or glow plug in the oven as all the mashgiach has to do is turn on the light and it can stay on for months at a time thereby making all bread products baked in that oven Pas Yisroel (assuming that the oven does not dip below 167 degrees). While not all Poskim agree that this is enough to “add to the flame”, the Star-K kashrus organization holds of this Psak.
  21. S.A. 603:1
  22. M.B. 242:6, Shar Hatzion 242:18